Lahore High Court Orders Doctor to Pay Rs 1 Crore in Damages for Medical Negligence

In a landmark decision, the Lahore High Court Orders Doctor to Pay Rs 1 Crore in Damages for Medical Negligence to a patient who suffered severe injuries due to medical negligence. The case highlights the importance of holding healthcare providers in Pakistan accountable for their actions and ensuring that patients receive fair compensation for damages.

Background of the Case

The appellant, a student at the Agriculture University in Faisalabad, underwent surgery at Allied Hospital in 2012. However, due to the doctor’s negligence, she suffered severe injuries, including the cutting of three vertebrae and her spinal cord. The Punjab Healthcare Commission found the doctor responsible for the negligence, and the Health Department terminated the doctor’s pension.

Court’s Decision

The court heard testimony from the claimant, her father, and expert doctors. It also examined the medical report and the defendant’s statement, which established that the doctor did not have the expertise to perform the operation and had shown negligence during the surgery. The court referred to fundamental rights in the Constitution and numerous judicial precedents on medical negligence.

Principles for Determining Damages

The court determined the amount of damages by considering the following principles:

1. Reasonable and fair monetary compensation for the damage caused
2. Monetary compensation for pain and suffering
3. Compensation for loss of amenities
4. Medical expenses
5. Loss of earnings
6. Other financial losses such as travel expenses and special care costs

Findings of the Court

The court’s decision to increase the damages from Rs 50 lakh to Rs 1 crore sets a precedent for medical negligence cases in Pakistan. It emphasizes the importance of holding healthcare providers accountable for their actions and ensuring that patients receive fair compensation for damages.

This case can be cited as Regular First Appeal No. 70634 of 2023.Lahore High Court orders Rs 1 crore in damages for medical negligence, highlighting accountability in healthcare and ensuring fair compensation for patients. The PDF for the Full citation is below for reference.

24Justice Medical Negligence 205 LHC 2024

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